Special Education Listserv
Subject: New IDEA Regulations/Final Part B Regulations
Source: Jackie Bruner, Director, Compliance Section
Intended Audience: All SELS recipients
Date: December 4, 2008
Several Part B regulations implementing the Individuals with Disabilities Education Act (IDEA) have been finalized and become effective on December 31. These regulations may be accessed at: http://edocket.access.gpo.gov/2008/pdf/E8-28175.pdf.
Two of these regulations will be of particular interest to school districts.
Section 300.300(b)(4) has been revised to require that parental revocation of consent for the continued provision of special education and related services be in writing and that upon revocation of consent a public agency must provide the parent with prior written notice in accordance with Section 300.503. With this revision, parents may request in writing that their child be removed from special education and related services. The district is required to provide a Notice of Action to the parents and terminate those services. This action does not require a reevaluation to determine the child's need for continued services.
Section 300.512(a)(1), regarding the right to be accompanied and advised by non-attorneys, has been revised to apply to any party to a hearing, not just parents. Additionally, the regulations now make it clear that whether the non-attorneys can "represent" the party at the hearing, is determined by state law. Prior to this change, there was a belief held by some that IDEA was using the term "accompanied and advised" synonymously with "represented"; the new regulations on this now make it clear that there is a distinction and there is no requirement under IDEA to allow non-attorneys to represent a party at a special education due process hearing. In Missouri, non-attorneys are only permitted to "represent" parties in employment security hearings.
DESE has determined these revisions will not require any substantive changes in the State Regulations. DESE will continue to review the Compliance Standards and Indicators and the model forms to determine if any revisions are necessary.